SHIVDAYAL Vs. RAGHUBARDAYAL

JUDGEMENT

(1.) THE counsel for the respondent has filed a petition raising the following points:- (1) "that the Rajasthan High Court Ordinance No. 15 of 1949 has been made and promulgated by the Raj Pramukh in exercise of the Powers conferred on him by paragraph 3rd of Art. 10 of the Covenant under which an ordinance can have the force of law like an Act passed by the legislature of the United State of Rajasthan. THE powers and scope of the legislature of the United State of Rajasthan to make laws are not certain and defined either in the Covenant or in any other instrument and will entirely depend on the Constitution to be framed by the Constituent Assembly, which shall be formed under para-I of Article 10 of the Covenant on some future date. It cannot. therefore be ascertained today in what sphere and on what subjects and to what extent the future legislature of the United State of Rajasthan shall have the power to make acts; as such the aforesaid Ordinance is not valid and cannot have the force of law. "

(2.) "that the aforesaid Ordinance is not applicable to the present High Court which has not been erected and established under the aforesaid Ordinance as there is no provision for the erection and establishment of this High Court in the body of the Ordinance and as such the composition, jurisdiction and other incidental matters of the present High Court are yet to be defined by the competent authority. "

(3.) IN order to come to a correct decision on this point it is necessary to find out the true meaning of the English word "preamble".